HomeMy WebLinkAbout2003-005 Inf Sh 5024 France Avenue North Application Filed on 4-24-03
City Council Action Should Be
Taken By 6-23-03 (60 Days)
Planning Commission Information Sheet
Application No. 2003-005
Applicant: KPM Properties, Inc. and O’Neill Construction
Location: 5024 France Avenue North
Request: Preliminary Plat
The applicant, KPM Properties and O’Neill Construction, is seeking Preliminary Plat approval to subdivide the lot at 5024 France Avenue North into two lots. The property in question
is zoned R-1 and is located on the east side of France Avenue North, between 50th and 51st Avenues North. It is surrounded on the north, east and south by single family residences and
on the west by France Avenue North, with a single family residence on the opposite side of the street.
The proposed plat which is to be known as O’Neill’s Addition currently has a metes and bounds description and would be divided into two buildable lots (Lots 1 and 2). The southerly
lot (proposed Lot 2) would be 74.64 feet wide, 133.10 feet deep and 10,078 sq. ft. (.2313 acres) in area. It would contain a single family home, a single car garage and a 144 sq. ft.
screen porch to the rear of the lot. The northerly lot (proposed Lot 1) would be 75.04 feet wide, 133.10 feet deep, and 9,833 sq. ft. (.2257 acres) in area and would contain a 738.84
sq. ft. double garage. This lot is proposed for development in the near future with a single family home.
The Zoning Ordinance requires single family interior lots to be a minimum of 75 feet wide at the front building setback line and 9,500 sq. ft. in area. The proposed lots meet these
standards. The structures on the lots meet the minimum building setback requirements from the proposed front, side and rear lot lines. The house and garage on the proposed Lot 2, however,
are less than 6 feet apart at one point. This is a pre-existing, non-conforming situation, which is not affected by the proposed division and can continue. The proposed division does
not create or aggravate this situation.
It should be noted that the property line separating the proposed Lots 1 and 2 is not a straight line. It jogs slightly at a point 52.47 feet east of the France Avenue property line.
The purpose of this property line jog is to meet the minimum side interior building setback requirement for the two accessory buildings. A minimum 3 ft. setback is required from the
interior lot line for these structures. A chain link fence is shown extending from the northeast corner of the single car garage to the rear property line. Although it is not required
that fences be on or near property lines, it might be beneficial to move this fence closer to the proposed new property line separating the lots. We would recommend that it be within
6 inches of the lot line if it is moved.
A point of concern is the garage on the proposed Lot 1. The Zoning Ordinance allows garages only as accessory buildings to a principal building, in this case a single family home.
No single family home would exist on this lot when it is created. It is the applicant’s intent to eventually build a single family home on the newly created Lot 1. Such a home would
have to have ground coverage equal to or larger than the ground coverage of the garage. At the time the applicant files the final plat, we would recommend that they either have made
application for a building permit to construct a single family home or have executed an agreement with the City, and posted a financial guarantee to assure, that the garage is removed
or demolished within at least one year. It should be clearly understood that the garage cannot be left indefinitely on the lot without a principal building being constructed.
The preliminary plat shows a proposed 5 ft. wide drainage and utility easement along the rear property line of the two lots. Sanitary sewer and water are in the France Avenue North
right of way and serve the house on the proposed Lot 2. Sanitary sewer is shown stubbed to the property line for the proposed Lot 1. The Director of Public Works/City Engineer is reviewing
the proposed subdivision and will be submitting his written comments for the Planning Commission’s review.
A public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission’s consideration have been published in the Brooklyn Center Sun/Post.
RECOMMENDATION
This preliminary plat appears to be in order and approval is recommended subject to at least the following conditions:
The final plat is subject to review and approval by the City Engineer.
The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
Prior to the release of the final plat, the applicant shall have either made application for a building permit to construct a single family home on the proposed Lot 1 or executed a performance
agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed Lot 1 within one year. In no event shall there be an accessory building on
the proposed Lot 1 within one year following the filing of the final plat unless there is a properly constructed single family home on said lot.
The Final Plat shall be modified to show a 5 ft. wide drainage and utility easement along the north property line of the proposed Lot 1, as recommended by the City Engineer.
5-15-03
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